Terms and Conditions Limited Art
Article 1 – Definitions
These conditions mean:
1.1 Additional agreement: an agreement by which consumers acquire products, digital content and/or services in connection with a distance contract and these matters, digital content and/or services are provided by Limited Art or by a third party on the basis of an agreement between that third party and Limited Art.
1.2 Reflection period: the time limit within which the consumer can exercise his right of withdrawal.
1.3 Consumer: the natural person who does not act for purposes relating to his commercial, business, craft or professional activity.
1.4 Day: calendar day.
1.5 Digital content: data produced and supplied in digital form.
1.6 Duration Agreement: an agreement extending to the regular delivery of goods, services and/or digital content over a certain period of time.
1.7 Durable data carrier: any tool – including e-mail – that the consumer or Limited Art to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which unaltered reproduction of the stored information.
1.8 Right of withdrawal: the possibility of the consumer to waive the distance within the cooling-off period.
1.9 Limited Art offers the user of these terms and conditions, Le Tigre Webdesign Holland and products, (access to) digital content and/or remote services to consumers.
1.10 Remote Agreement: an agreement between the Limited Art and the consumer is concluded under an organised distance selling system of products, digital content and/or services, using only or more techniques for remote communication until the conclusion of the agreement.
1.11 Withdrawal model form: the European withdrawal model form set out in Annex I to these terms and conditions; Annex I does not need to be made available if the consumer does not have a right of withdrawal in respect of his order.
1.12 Remote communication technology: means that can be used to conclude an agreement, without the need for consumers and Advertising Countries to have met simultaneously in the same room.
Article 2 – Applicability
2.1 These terms and conditions apply to any offer from Limited Art and to each agreement concluded remotely between Limited Art and consumers.
2.2 In the event that, in addition to these general terms and conditions, specific product or services also apply conditions, Limited Artmay always rely on the applicable provision which is most favourable to him in the event of conflicting terms.
Article 3 – The offer
3.1 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If Limited Art uses images, they are a truthful representation of the products, services and/or digital content offered. Apparent mistakes or apparent errors in the offer do not bind Limited Art.
3.2 Limited Art has the right to cancel the contract or dissolve the contract for its movering reasons, as but not only in cases where the content of the order placed is, in the decisive opinion of the Limited Art violates the law, morals, public order or fairness.
Article 4 – The agreement
4.1 The agreement shall, subject to paragraph 4.3, be concluded at the time of acceptance by the consumer of the offer and compliance with the conditions laid down therein.
4.2 If the consumer has accepted the offer by electronic means, Limited Art shall immediately confirm by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Limited Art, the consumer may dissolve the agreement.
4.3 Limited Art may, within legal frameworks, inform themselves whether the consumer can fulfil its obligations of payment, as well as all those facts and factors relevant to a responsible entry into account of the remote agreement. If Limited Art has good grounds for not entering into the agreement on the basis of this investigation, it is entitled to refuse an order or application or to commit special conditions to the execution.
4.4 The consumer must supply files ready-made, in accordance with limited art’sdelivery specifications.
Article 5 – Modification of the contract
5.1 Changes to the original order required by the consumer, of any kind, which cause higher costs than could be charged at the price notice, the consumer shall be charged extra.
5.2 Changes to the original order required by the consumer must be notified to Limited Art in good time and writing. If the changes are given orally or by telephone, the risk of implementing the changes is borne by the consumer.
5.3 Changes to the original order may result in limited art exceeding the originally agreed delivery time by Limited Art. This possible delivery time overrun comes at risk from consumers, with consumer Limited Art unable to address them for any consequences.
Article 6 – Right of withdrawal
6.1 The consumer may dissolve an agreement relating to the purchase of a product for a 14-day cooling-off period without giving reasons, except products and services excluded from the right of withdrawal and those laid down in those conditions in article 10.
6.2 The cooling-off period referred to in paragraph 6.1 shall be set out on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Limited Art may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery time.
- where the supply of a product consists of different consignments or parts: the day on which the consumer, or a third party designated by it, has received the last consignment or the last part
- in the case of regular delivery contracts for products for a given period: the day on which the consumer, or a third party designated by it, has received the first product.
- For services and digital content not supplied on a material medium:
6.3 The consumer may dissolve a services agreement and a digital content supply agreement which has not been delivered on a material medium for 14 days without giving any reason.
6.4 The cooling-off period referred to in paragraph 6.3 shall be based on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been supplied on a material medium when not informing about right of withdrawal:
6.5 If the consumer has not provided the legally required information on the right of withdrawal or the withdrawal model, the reflection period shall end 12 months after the end of the original, in accordance with the previous members of this article.
6.6 If Limited Art provided the information referred to in the preceding paragraph to the consumer within 12 months of the date of entry of the original reflection period, the reflection period shall expire 14 days after the day on which the consumer received that information.
Article 7 – Consumer obligations during the reflection period
7.1 During the reflection period, the consumer will carefully deal with the product and packaging. It shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the consumer can only handle and inspect the product as he should do in a shop.
7.2 The consumer is liable for depreciation of the product resulting from a way of dealing with the product that goes beyond permitted paragraph 7.1.
7.3 The consumer shall not be liable for the impairment of the product if Limited Art has not provided him with all legally mandatory information on the right of withdrawal before or when the contract is concluded.
Article 8 – Exercise of the right of withdrawal by the consumer and their costs
8.1 If the consumer uses his right of withdrawal, he shall report it within the reflection period by means of the withdrawal model form or otherwise unequivocally to Limited Art.
8.2 As soon as possible, but within 14 days following the notification referred to in paragraph 8.1, the consumer shall return the product, or hand it over (an authorised representative of) Limited Art. This does not have to be done if Limited Art has offered to pick up the product itself. In any case, the consumer has complied with the return period if he sends the product back before the cooling-off period has expired.
8.3 The consumer shall return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Limited Art.
8.4 The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
8.5 The consumer shall bear the direct costs of returning the product. If Limited Art has not reported that the consumer must bear these costs or if Limited Art indicates that it will bear the costs themselves, the consumer does not have to bear the costs of return.
8.6 If the consumer first expressly requests that the provision of the service or the supply of gas, water or electricity not prepared for sale starts in a limited volume or quantity during the reflection period, the consumer is Limited Art an amount proportionate to that part of the undertaking Limited Art has been complied with at the time of withdrawal, compared to the full fulfilment of the commitment.
8.7 The consumer shall not bear a cost for the full or partial supply of digital content not supplied on a material medium, if:
- prior to its delivery, he did not expressly agree to the start of the conclusion of the agreement before the end of the reflection period;
- he has not acknowledged losing his right of withdrawal in granting his consent; Or
- Limited Art has failed to confirm this consumer statement.
8.8 If the consumer exercises his right of withdrawal, all additional agreements shall be automatically dissolved.
Article 9 – Obligations of the entrepreneur in the case of withdrawal
9.1 If Limited Art allows the notification of withdrawal by the consumer electronically, he shall immediately send a receipt after receipt of this notification.
9.2 Limited Art reimburses all payments from the consumer, including any delivery costs charged by Limited Art for the returned product, without delay but within 14 days following the day on which the consumer reports him the withdrawal. Unless Limited Art offers to collect the product himself, he may wait to repay until he has received the product or until the consumer proves that it has returned the product, depending on what time falls earlier.
9.3 Limited Art uses the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
9.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Limited Art does not have to repay the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The following products and services are excluded from the right of withdrawal:
10.1 Services agreements, after full implementation of the service, but only if:
- implementation has begun with the express prior consent of the consumer and
- the consumer has stated that he loses his right of withdrawal once Limited Art has fully implemented the agreement
10.2 Products manufactured according to consumer specifications, which are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
10.3 Newspapers, books or magazines, except subscriptions on them.
Article 11 – Delivery and execution
11.1 Limited Art will take the utmost care when receiving and in the execution of orders of products and when assessing requests for provision of services.
11.2 As a place of delivery, the address that the consumer has made to Limited Art applies.
11.3 The risk of damage and/or loss of products rests with Limited Art until the time of delivery to the consumer or a representative previously designated and published to Limited Art,unless expressly agreed otherwise.
11.4 Limited Art shall have the right to comply with the agreement in part-deliveries.
11.5 Limited Art’s delivery deadlines are never considered fatal deadlines but always as an indication.
11.6 The delivery deadlines are fixed in the expectation that there will be no impediments to Limited Art.
11.7 If the consumer wishes changes to the specifications, the originally specified delivery time expires.
Article 12 – Complaint scheme
12.1 Limited Art has a sufficiently publicised complaint procedure and shall deal with the complaint in accordance with this complaint procedure.
12.2 Complaints about the performance of the contract must be submitted in full and clearly withLimited Artwithin 14 days of receipt of the order .
12.3 Complaints submitted to Limited Art shall be answered within a period of 14 days from the date of receipt. If a complaint requests a foreseeable longer processing time, Limited Art shall reply within the 14-day period with a receipt notice and an indication when the consumer can expect a more comprehensive answer.
12.4 The consumer must give Limited Art at least 4 weeks to resolve the complaint by mutual agreement.
12.5 Deviations in colour printing, for example but not exclusively in quality, font, color, fold, thickness etc. give no reason to disapprove or complain.
12.6 For paper, deviations in the gram weight per square meter are permissible upwards and downwards.
Article 13 – Force majeure
13.1 Extraordinary circumstances which bring an amendment to the factual circumstances provide force majeure for Limited Art, which relieves it of its obligation to supply or performance of work, without the consumer being entitled to compensation.
13.2 For example, if exceptional circumstances are not exclusively subject to technical barriers in the production process in the case of Limited Art, internet interference, obstruction by third parties, obstruction of transport in general, whole or partial work strikes, loss or damage of goods in the event of transport to Limited Art or the consumer, not or not timely delivery of goods by suppliers of Limited Art, fire, malfunctions and accidents in the holding or in the means of transport of Limited Art.
13.3 Limited Art is entitled to suspend or modify the agreement in the event of force majeure until the situation of force majeure has ended.
Article 14 – Liability
14.1 Limited Art shall not be liable for any damage suffered by the consumer in connection with the performance of this Agreement, unless such damage is the direct result of limited art’s intent or deliberate recklessness.
14.2 In the case of Limited Art,despite the provisions of the agreement, limited liability for damage to the consumer, Limited Art’s liability is limited to an amount paid out in the relevant case under the insurance he has taken out.
14.3 Where, for any reason, no benefit is made under the insurance referred to in paragraph 14.2, liability shall be limited to the amount charged to the consumer by Limited Art on the agreement in question or can be charged to a maximum.
14.4 Limited Art does not stand for properties of the delivered, such as, for example, but not exclusively shelf life, adhesion, colour, shine, light or colour fastness, wear resistance etc.
Article 15 – Warranty and safeguard
15.1 Consumer shall indemnify Limited Art entirely against all claims for compensation for damage or costs which third parties may (may) make applicable.
15.2 Consumer guarantees Limited Art,which with its assignment to Limited Art and in particular by replication or disclosing the stocks supplied by the consumer, such as but not exclusively copy, models, drawings, books, no infringement of rights that third parties may assert under the Copyright Law 1912 or other laws or regulations in the field of copyright, intellectual property law, industrial property law or on the basis of tort.
15.3 If, in respect of the accuracy of the rights claimed by third parties as referred to in paragraph 15.2 of this Article, in the reasonable and decisive judgment of the Limited Art doubt arises or persists, it is Limited Art power but not obliged to suspend the fulfilment of the agreement until the time when it is irrevocably established in court that Limited Art failure to comply with those rights by the fulfilment of the agreement.
15.4 If Limited Art liability by a third party, the consumer will fully indemnify it and Limited Art reimburse everything that it must pay to that third party and as a direct and indirect consequence of that liability, including but not exclusively, compensation, profit pay, interest, collection costs and the actual costs of the legal Assistance.
Article 16 – Other provisions
16.1 Limited Art is allowed to change these terms and conditions in the meantime. Amendments to these terms and conditions come into force after they have been properly published, provided that, in the case of applicable changes during the duration of an offer, the most favourable provision will prevail for the consumer.
16.2 If a provision of those conditions is contrary to mandatory provisions, the other provisions in these terms and conditions shall remain in full force. The void or destructible provision will be replaced, taking into account as far as possible the purpose and scope of the original provision.
16.3 Agreements between Limited Art and the consumer to which these general terms and conditions relate only to Dutch law. Agreements and/or acts shall be deemed to have been concluded in the Netherlands, carried out or executed respectively.
Annex I: Model form for withdrawal
Model form for recall
(enter and return this form only when you want to revoke the agreement)
- To: Le Tigre Webdesign Holland at service department
- Plein 1992 35H 6221 JP Maastricht
- I/We* share/share* you hereby, that I/we* our agreement on the sale of the following products: (product indication)* the delivery of the following digital content:
- (digital content designation)* the operation of the following service: (indication service)*, Ordered on*/received on* (date order for services or receipt from products)
- Consumer Name(s)
- Consumer address(s)
- Consumer signature(s)